U.S. Water News Online
BIRMINGHAM, Ala.-- A federal judge has ruled against Florida's request in a tri-state water dispute to temporarily give it more water from the Chattahoochee River to save endangered mussels.
U.S. District Judge Karon Bowdre's order said Florida officials did not prove that the actions of the U.S. Army Corps of Engineers, which controls the flow of water in the river, harm the mussels.
"The Corps cannot control the weather, nor can it be held responsible for the effects of the weather on the mussels' habitat," Bowdre wrote in the order.
Bowdre noted previous efforts by the corps to protect the mussels.
"Providing more water for the mussels than nature has herself demonstrates that the Corps takes seriously its responsibility to ensure that its actions do not jeopardize the continued existence of these mussels," she wrote.
Florida filed the motion before a temporary water use agreement between Georgia and Alabama expired this month. The states have been trying to work out a permanent water-use agreement. Georgia and Alabama officials are concerned sending more water downstream to Florida will leave them without enough water for their states. The issue is part of a larger water-sharing dispute between the states.
"We're disappointed with Judge Bowdre's ruling," said Anthony De Luise, a spokesman with the Florida Department of Environmental Protection.
He said the state will continue negotiations and "will review all the legal avenues available" to protect the species.
Georgia Gov. Sonny Perdue said he is pleased with the decision.
"Georgia exhausted all available options for negotiations in an attempt to remain out of court," he said in a written statement. "Ultimately, Florida's demand for more water than is naturally occurring was unrealistic, especially in light of Georgia's current severe drought conditions."
Chris Bence, a spokesman with the Alabama Attorney General's Office, said attorneys have not had an opportunity to review the decision.
A call to Alabama Gov. Bob Riley's spokesman was not immediately returned.
Bowdre's order also praised the now-expired interim agreement that was reached by the states.
The agreement "reflects a historic milestone in this dispute that has spanned more than sixteen years," she wrote.
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